The importance and status of listed buildings and buildings in conservation areas

Legal challenges to planning and other public law decisions

In addition, the imposition of section 106 contributions, CIL payments and affordable housing requirements can often make a significant impact on a developer’s profit. We use our extensive expertise and experience, gained from acting on both sides of the fence, to negotiate reductions in payments to planning authorities.

Environment

We have extensive experience in providing environmental advice and support services across a broad range of real estate projects and transactions, ensuring our clients are adequately informed and protected against the impact of environmental regulation. With experience across a range of transactional situations and ongoing operations, we work with sellers, buyers, tenants, funders, operators and manufacturers. In particular, we advise on the following:

Acquisitions and disposals: we advise on due diligence requirements when preparing sites for sale or when acquiring them, then advise on the implications of the findings and how to protect our clients’ positions in terms of contractual obligations and indemnities.

Management: we have extensive knowledge of the regulatory frameworks governing activities which have an environmental impact (including waste, food processing, power generation and usage) and advise on prosecutions for breaches of environmental regulations.

Renewables and climate change: we advise on clean energy projects and the impact of legislation (such as the Carbon Reduction Commitment) on large operators and manufacturers.

Construction: we advise on the potential environmental aspects of construction projects and upon the need to incorporate protection where required.

Disputes: we advise in disputes between landowners, operators and the authorities charged with enforcing environmental regulations.

Our aim is to ensure that our clients are aware of potential environmental issues and their responsibilities, making sure their obligations are understood, accepted and dealt with and that their interests are protected

Advising a consortium of landowners on the development of some 1,000 houses on their land in West Oxfordshire by a consortium of developers. The landowners entered into an option agreement subject to the grant of planning permission with the developers some years ago. The team’s work has centred on the long-running negotiation of a major s106 agreement securing various infrastructure payments, a s38/278 highways agreement and a deed of indemnity between the developers and the landowners.

Advising Selco Trade Centres on several new sites as part of the expansion of its network of builders’ merchant premises. Typically, new sites are bought on a contract for sale subject to the grant of a satisfactory planning permission. The team advises on the clauses dealing with determining what constitutes a satisfactory planning permission.

Advising a client who runs a number of caravan sites in the UK on planning enforcement action taken by the local planning authority against one of the operator’s sites alleging that a number of caravans which should only be used for holiday purposes were being occupied as permanent residences. We successfully argued that the enforcement notice was legally flawed, secured the withdrawal of the notice and facilitated negotiations which resulted in a compromise whereby those caravans that were occupied as permanent residences could continue to be so occupied until the current occupiers leave, at which point they would revert to holiday use. The opportunity was also taken to “tidy up” the planning boundary of the site and to agree several new caravan pitches on the site and a number of lakeside fishing lodges as part of an overall package of upgrading the facilities on the site.

Advising Dartmouth Park Estates on the proposed development of a site in Maldon, Essex for 370 houses, business and community uses as part of a proposed new Garden Suburb.

The recent Court of Appeal decision in Banner Homes Ltd v St Albans City and District Council and another serves as a warning of the risks to a landowner of permitting public access to undeveloped land. It also highlights the danger to local residents of applying to list undeveloped...

Summer is approaching, leaves are appearing on the trees and everything is looking green again. However, while we are enjoying the warm weather, this burst of new life means that some road junctions are becoming hazardous, as visibility is decreased to just a few metres by fast-growing vegetation.
But who...

Oxfordshire-based commercial law practice, BrookStreet des Roches LLP, is delighted to announce the appointment of Philip Shaw as Managing Partner as of 1 April 2018. Philip succeeds Hugh Blaza who has held the position since 2008.
Philip, who previously led the firm’s dispute resolution team, brings with him 25 years...

A reminder to landlords and tenants of commercial properties that the first stage of the Minimum Energy Efficiency Standards (MEES) Regulations is effective from 1 April 2018.
Essentially from 1 April 2018 it will be unlawful for landlords to grant new leases or renewal leases of commercial properties with an...

Developers will have been watching the recent Autumn budget with a keen eye and will by now have had a chance to digest its implications. Whilst the Chancellor offered a number of incentives for development, there are doubts that these alone will be effective in kickstarting development and tackling...

A Planning Court decision in October 2017 raises an important issue. Whilst many conversions of buildings can rely on permitted development rights, most new build requires planning permission. But can a conversion of a building be so substantial that it instead constitutes a rebuild, requiring planning permission? The answer...

Our planning partner, Nigel Hewitson was instructed by a promoter in relation to a prospective development comprising 458 homes with associated public open space, infrastructure and sports facilities. Developments of this scale put pressure on local infrastructure and amenities which need to be mitigated by obligations attached to the...

A Supreme Court decision in late October 2017 raises an important issue: can a developer lawfully be required under a s106 agreement to pay into a pooled fund for infrastructure where the development has little or no impact on the need for that infrastructure? The clear answer given by...

London Borough of Tower Hamlets has issued a landmark planning decision, in which it is a condition of the planning approval that redevelopment should include a pub which must be leased to an LGBT+ operator for 15 years. It’s being billed by some as a victory for equality.
Developers will...

The publication of major independent research guide Legal 500 2017 has confirmed BrookStreet des Roches as a leader in our fields of expertise. We are, once again, recommended as a TOP-TIER FIRM for Commercial Property. We also have recommendations for five other practice areas including Commercial Litigation, Construction, Planning,...

A cross-section of the Oxford heritage community gathered at Rhodes House on the evening of Tuesday 16th October 2107 for BrookStreet des Roches’ seminar “Listed Buildings and Other Heritage Assets: Management, Promotion and Change”.
The event served both as a reminder to clients and contacts of the firm’s unique capability...

BrookStreet des Roches has acted for a consortium of landowners on a sale to a consortium of major housing developers of land at Curbridge, West Witney for a significant new mixed-use development. This comprises 1,000 new homes together with retail, office and industrial buildings, a primary school and possible...

We’re immensely proud of our client relationships. We strive to be a welcome and constant companion throughout their journeys.

Many of our clients have been with us for a long time: some since the firm began. We help them navigate matters to achieve the right outcome and we stay with them until everything has been resolved. By securing and protecting our clients’ interests, we give them the confidence and freedom to focus on their core business.

Our clients operate in different industries and sectors, but most of them have serious real estate interests, whether in the form of property in the traditional sense or other types of physical infrastructure.